A Section 21 Notice is the written notice that landlords must use if they want to evict tenants and regain possession of a property let under an assured shorthold tenancy (AST) without needing to establish fault on the part of the tenant. Note that this method of regaining possession is to be abolished by the Renters Reform Act once it comes into effect.

Because the tenant has no defence to a possession claim brought on the basis of a valid Section 21 Notice, tenants and their advisors have sought to defeat possession claims by raising objections on technical grounds to the validity of the notice.   And the considerable regulation that has been introduced adding legal requirements for a valid Section 21 Notice has increased the scope for technical problems.

Legal Requirements for a Valid Section 21 Notice for a monthly AST

1. Correct Form

• Since October 2015, landlords must use Form 6A for ASTs in England.

2. Minimum Notice Period

• Two months’ notice must be given, and it cannot expire earlier than the end of the fixed term.

Landlords must take into account the court rules about service, that is, how the notice is given to the tenants, because this will affect the date on which the notice is deemed to have been served, and the two months’ notice period only starts to run from the date it is served.   Hence, if the notice is posted by first class post,  it is deemed to have been served two working days after it was posted.   For example, a notice served by post on Thursday 19 June 2025 will be deemed served on Monday 23 June 2025.   The expiry date should not be any earlier than 24 August 2025 in order to give the required notice period.  

3. Deposit Protection

• The tenant’s deposit must have been protected in a government-approved scheme within 30 days of receipt, and Prescribed Information must be provided.

4. Compliance with Other Regulations

Landlords must have provided before serving the Section 21 Notice:

1. An EPC (Energy Performance Certificate)
2. A Gas Safety Certificate (if applicable)
3. The government’s “How to Rent” guide

5. Restrictions on Retaliatory Evictions

Under the Deregulation Act 2015, Section 21 Notice cannot be used if the tenant has complained about the condition of the property and the local authority has served an enforcement notice.

Getting the technical aspects of a valid Section 21 Notice right before you serve it will save time and money.   At Mercers we can provide you with our experienced advice as to whether your Section 21 Notice is valid.   Please contact Laura Beales on 01491 634258 or [email protected]